Spear asks again for former health secretary's emails

MADISON (WKOW) -- A man charged with trying to kill his wife by setting her on fire has again asked a Dane County judge for access to emails between his wife and former state health secretary Dennis Smith.

60-year old Andrew Smith claims his wife, former health department attorney Mary Spear, started the fire to stop him from exposing an affair between Mary Spear and Smith.

Both Mary Spear and Smith have denied having an affair.

In a motion asking for reconsideration of an earlier court denial of access to the emails, Andrew Spear's attorneys say the emails could go to the credibility of Mary Spear and Smith if they demonstrate the existence of an affair.

The motion included an August 2012 email from Spear to Smith: "I also know what must be done: Watch your back. See you through. Watch you achieve. Not jeopardize."

In the earlier ruling, a judge said Andrew Spear already believed his wife was involved in an affair with Smith, based on emails he had already seen. The judge also said a request for access to Mary Spear's mental health records was denied, because there was nothing relevant in the records to the fire-setting incident.

The motion stated Smith had terminated Mary Spear in the fall of 2012 shortly after the attempted homicide. But a spokesperson for the state health department says Spear resigned.

Smith, current state medicaid director Brett Davis and other state employees are listed in court records as potential witnesses for Spear's scheduled, July trial.